illegally carrying concealed.. question

[Vermiform]

So when I by a new firearm, and it is in is box that it came in, do I need a permit to carry it to my vehicle from the store? According to you, I do need it. The law doesn't describe what is meant by on your person. The items I listed are considered on your person and having a firearm in them without a permit while walking around is illegal. Once they get in their vehicle, it can remain in that item and be on their shoulder, back tummy, or whatever and be legal without a permit. Here is another scenario.. can I have it under my upper leg while driving? Would this be considered on my person?

Ok, cool. Carry how you like.

 

[mgrgmr]

All an instructor will do is state the law about illegally concealing a firearm. They can't give a specific law that says it can't be concealed on you in your vehicle without a permit. I am not aware of any court case where someone was arrested and convicted because of this. Now, I do know that there have been cases where restrictions have not been upheld while it is in your vehicle(like in a school zone). I also know police officers that think they can confiscate your weapon if you don't have proof of ownership on you even though this is illegal. The point is that just because someone should know the laws, doesn't mean they do. The laws are vague, especially when it comes to carrying a firearm in your vehicle. This vagueness is why people say you can't even conceal it on your person in your home. Also, according to the law, you have to intentionally conceal it. So by this, you can have it in your waistband, with an untucked shirt except where the firearm is. Now say the shirt then covers the firearm from you moving around and you didn't notice. According to the law, this in unintentional, and therefor legal. Do you think a cop will believe you even though this is the law?

 

[charlie12]

Why did you ask the questions if you already knew all the answers? Or at least the answers you wanted.

I'm going back to watching Pawn Stars.

 

[Cripsol]

Why would you conceal in your vehicle anyway? It is very impractical. Try pulling your weapon out of a holster with a seat belt on. Please don't tell me you would take it off, because you won't have time in an emergency. I keep a weapon in a holster under the steering column. Then, when I exit said vehicle, I lock it in a lockbox. My carry weapon never leaves my side, so I do not have to worry about re-holstering a loaded weapon into an IWB holster.

 

[DAVE_M]

Yup.

While in your vehicle, yes.

The reason we can legally carry a firearm in a vehicle in Louisiana is because our state laws consider it a constitutionally protected activity which can't be regulated by the state. There is now law on the books that says you can't conceal it on your person while in a vehicle without a permit in Louisiana. Here is a real world example.
A person needs a permit to conceal a firearm in a purse, backpack, fanny pack, etc while walking around. They do not need a permit if it is in one of those while in their vehicle.

What part is a myth? Can a person have a firearm in their purse while in their vehicle without a permit?

So if she is driving with the purse on her shoulder, is that considered on your person? It is when you aren't in a vehicle.

So when I by a new firearm, and it is in is box that it came in, do I need a permit to carry it to my vehicle from the store? According to you, I do need it. The law doesn't describe what is meant by on your person. The items I listed are considered on your person and having a firearm in them without a permit while walking around is illegal. Once they get in their vehicle, it can remain in that item and be on their shoulder, back tummy, or whatever and be legal without a permit. Here is another scenario.. can I have it under my upper leg while driving? Would this be considered on my person?

All an instructor will do is state the law about illegally concealing a firearm. They can't give a specific law that says it can't be concealed on you in your vehicle without a permit. I am not aware of any court case where someone was arrested and convicted because of this. Now, I do know that there have been cases where restrictions have not been upheld while it is in your vehicle(like in a school zone). I also know police officers that think they can confiscate your weapon if you don't have proof of ownership on you even though this is illegal. The point is that just because someone should know the laws, doesn't mean they do. The laws are vague, especially when it comes to carrying a firearm in your vehicle. This vagueness is why people say you can't even conceal it on your person in your home. Also, according to the law, you have to intentionally conceal it. So by this, you can have it in your waistband, with an untucked shirt except where the firearm is. Now say the shirt then covers the firearm from you moving around and you didn't notice. According to the law, this in unintentional, and therefor legal. Do you think a cop will believe you even though this is the law?

 

[kingfhb]

So when I by a new firearm, and it is in is box that it came in, do I need a permit to carry it to my vehicle from the store? According to you, I do need it. The law doesn't describe what is meant by on your person. The items I listed are considered on your person and having a firearm in them without a permit while walking around is illegal. Once they get in their vehicle, it can remain in that item and be on their shoulder, back tummy, or whatever and be legal without a permit. Here is another scenario.. can I have it under my upper leg while driving? Would this be considered on my person?

You go ahead and try whatever you can and then let us know what works.

The fact is, if you're looking to purposely PUSH the issue... it's not going to go well for you.

There are no differences in "CARRYING CONCEALED" on your person and "CARRYING CONCEALED" within your vehicle. The weapon being CONCEALED in your vehicle on it's own is a separate animal. It can be in a glove box, holstered between the seats, in a factory box, etc. anywhere in your vehicle. HOWEVER, you can not have it ON YOUR PERSON in the vehicle if you are concealing it. YOU CAN OPEN CARRY in a vehicle, but a PO'd officer could easily say that it was concealed by the seat belt, a jacket flap, or something like that.

The same rules apply for open carry... you can open carry however you like, but if the weapon is not openly visible due to its obstruction by a jacket, shirt, etc., then you are carrying concealed.

My suggestion would be...

1. While in your vehicle, remove it from your OPEN CARRY holster and place it either in a holster within the vehicle, in a case, glove box, etc. unless you want to chance it.

2. Get the permit!

3. Don't try to "get away" with anything or challenge the officer.

4. Let Law Enforcement know immediately that you do have a weapon in the vehicle and its condition (loaded, loaded with one in the chamber, etc.) and it's location. If they choose to do so, they will retrieve it and unload the weapon to make it safe for themselves. Then return it to you following the incident (based on why they stopped you and if you were cited/arrested/etc).

If you come across as an arrogant prick, they WILL find something.

 

[gwpercle]

There are a lot of places you can legally carry a gun, concealed or not, without needing a permit.
A Baton Rouge Police Lieutenant kindly explained all of them to me after I was shot and robbed in my office . He said he was sorry but the truth is they couldn't protect me, it was up to me to protect myself. Go to your local department and have a talk to someone who can explain the where's and when's. You want the facts and correct information.
Ask plenty questions and get his phone number in case you need to clarify a point.
It's been seven years, I carry daily in all the places I can legally do so and have not found a need for a permit.

Gary

 

[Cripsol]

You go ahead and try whatever you can and then let us know what works.

The fact is, if you're looking to purposely PUSH the issue... it's not going to go well for you.

There are no differences in "CARRYING CONCEALED" on your person and "CARRYING CONCEALED" within your vehicle. The weapon being CONCEALED in your vehicle on it's own is a separate animal. It can be in a glove box, holstered between the seats, in a factory box, etc. anywhere in your vehicle. HOWEVER, you can not have it ON YOUR PERSON in the vehicle if you are concealing it. YOU CAN OPEN CARRY in a vehicle, but a PO'd officer could easily say that it was concealed by the seat belt, a jacket flap, or something like that.

The same rules apply for open carry... you can open carry however you like, but if the weapon is not openly visible due to its obstruction by a jacket, shirt, etc., then you are carrying concealed.

My suggestion would be...

1. While in your vehicle, remove it from your OPEN CARRY holster and place it either in a holster within the vehicle, in a case, glove box, etc. unless you want to chance it.

2. Get the permit!

3. Don't try to "get away" with anything or challenge the officer.

4. Let Law Enforcement know immediately that you do have a weapon in the vehicle and its condition (loaded, loaded with one in the chamber, etc.) and it's location. If they choose to do so, they will retrieve it and unload the weapon to make it safe for themselves. Then return it to you following the incident (based on why they stopped you and if you were cited/arrested/etc).

If you come across as an arrogant prick, they WILL find something.

What this guy said, but you are not required to tell the officer you have a weapon if you do not have your concealed permit.

 

[geoney]

Why would you conceal in your vehicle anyway? It is very impractical. Try pulling your weapon out of a holster with a seat belt on. Please don't tell me you would take it off, because you won't have time in an emergency. I keep a weapon in a holster under the steering column. Then, when I exit said vehicle, I lock it in a lockbox. My carry weapon never leaves my side, so I do not have to worry about re-holstering a loaded weapon into an IWB holster.

The best place for your firearm when you are in a vehicle is where you carry it the rest of the day. Training fixes the other urban legends you mentioned.

 

[geoney]

All an instructor will do is state the law about illegally concealing a firearm. They can't give a specific law that says it can't be concealed on you in your vehicle without a permit. I am not aware of any court case where someone was arrested and convicted because of this. Now, I do know that there have been cases where restrictions have not been upheld while it is in your vehicle(like in a school zone). I also know police officers that think they can confiscate your weapon if you don't have proof of ownership on you even though this is illegal. The point is that just because someone should know the laws, doesn't mean they do. The laws are vague, especially when it comes to carrying a firearm in your vehicle. This vagueness is why people say you can't even conceal it on your person in your home. Also, according to the law, you have to intentionally conceal it. So by this, you can have it in your waistband, with an untucked shirt except where the firearm is. Now say the shirt then covers the firearm from you moving around and you didn't notice. According to the law, this in unintentional, and therefor legal. Do you think a cop will believe you even though this is the law?

Have you taken a CHP course? If so, who was your instructor?

 

[kingfhb]

There are a lot of places you can legally carry a gun, concealed or not, without needing a permit.
A Baton Rouge Police Lieutenant kindly explained all of them to me after I was shot and robbed in my office . He said he was sorry but the truth is they couldn't protect me, it was up to me to protect myself. Go to your local department and have a talk to someone who can explain the where's and when's. You want the facts and correct information.
Ask plenty questions and get his phone number in case you need to clarify a point.
It's been seven years, I carry daily in all the places I can legally do so and have not found a need for a permit.

Gary

I'm not sure what legal advice you're listening to... but it is ILLEGAL to carry concealed at ANY TIME without a Concealed Carry Permit.

 

[kingfhb]

What this guy said, but you are not required to tell the officer you have a weapon if you do not have your concealed permit.

Just FYI... you indeed do not have to disclose you have a weapon in the vehicle... unless the officer asks "Do you have any weapons in the vehicle?" usually prior to searching if you submit to it.

A bit of advice... I would tell him you have one if he asks... don't just let him happen upon it or even see it in plain sight all on his own. He can and will render it safe... which could include dismantling it and giving you back pieces.

Like I said above, there's no need to be a prick for no reason. Be one of these "I know my rights!" guys and see where it gets you. It's never good to challenge them... as I said, they can always find something. Don't get me wrong, I'm not saying give up your rights and do whatever... I'm just saying don't be a prick about it.

 

[Fred_G]

Just FYI... you indeed do not have to disclose you have a weapon in the vehicle... unless the officer asks "Do you have any weapons in the vehicle?" usually prior to searching if you submit to it.

A bit of advice... I would tell him you have one if he asks... don't just let him happen upon it or even see it in plain sight all on his own. He can and will render it safe... which could include dismantling it and giving you back pieces.

Like I said above, there's no need to be a prick for no reason. Be one of these "I know my rights!" guys and see where it gets you. It's never good to challenge them... as I said, they can always find something. Don't get me wrong, I'm not saying give up your rights and do whatever... I'm just saying don't be a prick about it.

It seems to me the best thing to do wold be notify the police of any gun on you or in your reach. And disclose any guns/weapons in other areas if asked.

 

[bhart89]

I'm not sure what legal advice you're listening to... but it is ILLEGAL to carry concealed at ANY TIME without a Concealed Carry Permit.

Even in your own home or business?

 

[DAVE_M]

Even in your own home or business?

Yes.

 

[323MAR]

Even in your own home or business?

Yes, that is the law on paper. However, I would not expect LE to just knock on your door and do a random "Stop and Frisk" on you as if you are hanging out on a street corner. Now if LE has to enter your home or business to assist you and discovers you 95G(Illegal Carry of Concealed Gun), they might charge you or give you a warning if you have no criminal record. At best you wil be told to remove it and put it away. At worst you will go to jail and face 0 to 6 months if you do not have a record.
Now if you just get the permit, then you do not have to worry about going 10-15(transport to lockup.)

 

[charlie12]

There are a lot of places you can legally carry a gun, concealed or not, without needing a permit.
A Baton Rouge Police Lieutenant kindly explained all of them to me after I was shot and robbed in my office . He said he was sorry but the truth is they couldn't protect me, it was up to me to protect myself. Go to your local department and have a talk to someone who can explain the where's and when's. You want the facts and correct information.
Ask penty questions and get his phone number in case you need to clarify a point.
It's been seven years, I carry daily in all the places I can legally do so and have not found a need for a permit.

Gary

And where are those places that you can Conceal Carry without a valid CHP?

 

[alpinehyperlite]

And where are those places that you can Conceal Carry without a valid CHP?

Not just a list that he types up, but an actual law stating these places.

 

[charlie12]

Not just a list that he types up, but an actual law stating these places.

 

[geoney]

Not just a list that he types up, but an actual law stating these places.

No, I would actually like to see "his list" LOL